Dismissed

The Bihar State Electronics Development Corporation and Anr. v. Mahendra Mohan Roy

Patna HC22 Jun 2016L.P.A/310/2015

Case brief

AI extract

What is this about?

The High Court of Patna allowed an application to condone a delay of 85 days in filing an appeal, but ultimately dismissed the Letters Patent Appeal challenging an order directing the appellant to pay emoluments and back wages to the respondent based on an earlier industrial dispute award.

What did the court decide?

Interlocutory Application No. 1412 of 2015 allowed; Letters Patent Appeal dismissed; other Interlocutory Applications dismissed.

The Bihar State Electronics Development Corporation and… — Service and Employment | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Letters Patent Appeal No.310 of 2015 Arising out of

¶3

Civil Writ Jurisdiction Case No. 2144 of 2008 =========================================================== 1. The Bihar State Electronics Development Corporation, through its Managing Director, Beltron Bhawan, Shashtri Nagar, Patna-23.

¶4

The Managing Director, Bihar State Electronics Development Corporation, Beltron Bhawan, Shashtri Nagar, Patna-23

¶5

.... .... Appellants

¶6

Versus

¶7

Mahendra Mohan Roy, Son of Late Devendra Roy, Resident of Village-Tilkaitpur, P.O.-Newra, P.S.-Bihta, District-Patna.

¶8

.... .... Respondent

¶9

===========================================================

¶10

Appearance :

¶11

For the Appellants : Mr. P.K. Shahi, Sr.Advocate.

¶12

Mr. Girijish Kumar, Advocate.

¶13

For the Respondent : Mr. Sunil Kumar Singh, Advocate.

¶14

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and

¶15

HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 22-06-2016

¶16

Re.:I.A. No. 1412 of 2015

¶17

The application is for condonation of delay of 85 days in filing the Letters Patent Appeal.

¶18

For the reasons mentioned in the Interlocutory

¶19

Application, we are satisfied that the appellants have shown sufficient

¶20

cause to seek condonation of delay of 85 days in filing the present

¶21

Patna High Court LPA No.310 of 2015 dt.22-06-2016

¶22

2 /3

¶23

Letters Patent Appeal.

¶24

Consequently, Interlocutory Application No. 1412 of 2015 is allowed and delay of 85 days in filing the Letters Patent Appeal is condoned.

¶25

Re.: L.P.A. No. 310 of 2015

¶26

The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court in C.W.J.C. No. 2144 of 2008, whereby the appellant has been directed to pay emoluments for the period August, 1998 till date to the writpetitioner.

¶27

It appears that the writ-petitioner raised an Industrial dispute disputing his termination of services. The termination order was held to be invalid vide Award dated 12^th of August, 1991. The writ-petitioner was entitled to the back wages and other consequential benefits. It is the said Award which has been directed to be complied with by the appellant. Since the right of the respondent was crystallized with the Award, the appellant is bound to comply with the directions contained therein.

¶28

In view thereof, we do not find any error in the order passed by the learned Single Bench which may warrant interference in the present Letters Patent Appeal.

¶29

The Letters Patent Appeal is, thus, dismissed.

¶30

Patna High Court LPA No.310 of 2015 dt.22-06-2016

¶31

3 /3

¶32

With the disposal of this Letters Patent Appeal, the other

¶33

Interlocutory Applications stand dismissed as having become infructuous.

¶34

(Hemant Gupta, J) (Ahsanuddin Amanullah, J) P.K.P./Anjani N.A.F.R. U

The Bihar State Electronics Development Corporation and Anr. v. Mahendra Mohan Roy

Case brief

What is this about?

What did the court decide?

The Bihar State Electronics Development Corporation and Anr. v. Mahendra Mohan Roy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Md. Kausar Alam Vs The State Of Bihar and Ors.

Gopal Rai Vs The Union Of India and Ors.

Renu Kumari and Ors. Vs The State Of Bihar and Ors.

Geeta Kumari Vs The State Of Bihar and Ors.

Manish Kumar Vs The Assistant Engineer Electric Supply Sub Division Bihar State Electricity Board

Ramji Mahto Vs The Bihar State Electricity Board and Ors.